Actions

Memo

TITLE OF BILL: An act to amend the correction law, in relation to restricting sex offenders from residing near the residence of their victim

PURPOSE:

To restrict sex offenders from residing within 1500 feet of the residence of their victim.

SUMMARY OF PROVISIONS:

Section One - Re-letters Section 168-w of the correction law as section 168-x and adds Section 168-w. Section 168-w.1 makes it unlawful for level two and level three sex offenders to reside within 1500 feet of the residence of a victim of their abuse.

Section 168-w.2 limits the residence prohibition established by subdivision one for as long as the sex offender is a level two or three sex offender.

Section 168-w.3 the penalty for a sex offender who violates the provisions of subdivision one of the section shall be guilty of a class E felony.

Section Two - Contains the effective date.

JUSTIFICATION:

According to a report in the Westchester County Journal News, in 2011, a sex offender in Putnam County was released from prison after serving approximately sixteen months in jail, and was classified as a level three offender. A level three offender is one that has a high risk of a repeat offense and is also considered a threat to public safety. Following his release, the offender, whose victims were eight and nine years old at the time the abuse took place, was permitted to reside next door to one of the victims of his abuse.

This legislation would prohibit a level two or three sex offender from residing within 1500 feet of the residence of the victim of their abuse in order to prevent instances such as the one detailed above from occurring. The victims and their families should not have to bear the burden or costs of moving because of the offender returning to the neighborhood. Additionally, the victims should not have to tolerate the emotional distress that coming into contact with, or being in the presence of their abuser, may cause.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The one hundred eightieth day after it shall have become a law.

Text

IN SENATE -- Introduced by Sen. BALL -- read twice and ordered printed,
and when printed to be committed to the Committee on Crime Victims,
Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. BRAUNSTEIN, SALADINO -- read once
and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to restricting sex
offenders from residing near the residence of their victim
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is relettered section 168-x and a new
section 168-w is added to read as follows:
S 168-W. LEVEL TWO AND LEVEL THREE SEX OFFENDER RESIDENCE LIMITATION;
PENALTY. 1. IT SHALL BE UNLAWFUL FOR ANY LEVEL TWO OR LEVEL THREE SEX
OFFENDER TO RESIDE WITHIN FIFTEEN HUNDRED FEET OF THE RESIDENCE OF A
VICTIM OF THEIR ABUSE.
2. THE RESIDENCE PROHIBITION ESTABLISHED BY SUBDIVISION ONE OF THIS
SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS THE OFFENDER IS CLASSIFIED
AS A LEVEL TWO OR THREE SEX OFFENDER.
3. A SEX OFFENDER WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14163-03-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech;
or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation
is generally performed Monday through Friday.